Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I refinanced the marital home five years ago to pay off my wife in our divorce. There was a balance left, and we agreed to wait five years and either refinance or sell the home to pay the balance.

The value of the house dropped substantially, and there is no equity left. Can I insist she wait until the value of the home recovers before selling or refinancing?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Tax issues with children in college, disabled children, and claiming grandchildren
• If my child will be 18 before my divorce is final, do we even need to address custody in the divorce?
• How do I get my fair share of the equity in our home?

Question:

My wife and I are in the process of working out an amicable divorce. We are planning on going the "no fault" route.

I am being told (by a relative who is an attorney helping us prepare for the filing) that if she stays in the house, I would have to pay extra spousal support. In addition, she would not be required to refinance the house, buying me out. Is this true?

It certainly doesn't seem right that we would build equity in the house together over the years we have lived in it and, after the divorce, I would still help her build equity!

Question:

My wife and I have kept everything financial separated throughout our 2-year marriage. Now, facing divorce, I am wondering how things will be divided. We have no joint accounts of any kind, checking, savings, credit cards, cell phone plan, etc. I have savings (checking, savings, 401K, IRA, stocks, house). She has zero savings and is in debt (acquired prior to marriage). Her credit card debt is close to $2000, and she has a loan against her 401K. She has no other assets except her car and jewelry.

The house is in my name, and I was living in it prior to our marriage. I have 20% equity in house. My wife has never made any payments towards house. Does she have any right to the equity in the house?

I’d also like to know if she has any right to half of my 401K. We were married in 2008, and the value of my 401K is now less than what is was when we married. Does she have rights to half of the gains made in 2009, but none of the losses in 2008? And does the same apply for IRA's?

Question:

My wife's name is on the deed of the house that we lived in for the five years we were married. I know I have the right to shared equity while we were married.

My question is, we want to do a uncontested divorce through mail. Once it becomes final, do I lose my right to that shared equity?